The Court of Last Resort

The Philippine Judiciary is a hierarchical organization. At the top of the

hierarchy is the Supreme Court which is the court of last resort. It
determines with finality what the law is and should be. No more appeals
can be made from its judgment or decision. A decision of a Supreme
Court division is considered a decision of the entire Court.
The Supreme Court shall be composed of a Chief Justice and fourteen
Associate Justices1. To be appointed as a Member of the Supreme Court
the following requirements must be met: (1) must be a natural-born
citizen, (2) must be at least forty years of age, (3) must have been for
fifteen years or more a judge of a lower court or engaged in the practice
of law.2 It is further mandated that a member of the judiciary must be a
person of proven competence, integrity, probity, and independence. 3
The Members of the Supreme Court may sit en banc or in its discretion, in
divisions of three, five, or seven.4 Any vacancy shall be filled within ninety
days from the occurrence thereof.5 The President shall appoint a new
member from the list of at least three nominees prepared by the Judicial
and Bar Council. Such appointment no longer needs the confirmation of
the Commission on Appointments. 6 The retirement age of the Members of
the Supreme Court is seventy years old.7
The judicial power is vested in one Supreme Court and in such lower
courts as may be established by law.8 It is the power to apply the laws to
contests or disputes concerning legally recognized rights. Judicial power
includes the duty of the courts to settle actual controversies involving
rights which are legally demandable and enforceable.9
Section 5 of the 1987 Constitution specifically lists down the functions of
the Supreme Court. It has both judicial and administrative functions. Its
judicial functions are the following:
(1)
Exercise original jurisdiction over cases affecting ambassadors, other
public ministers and consuls, and over petitions for certiorari,
prohibition, mandamus, quo warranto, and habeas corpus.10
(2)
Review, revise, reverse, modify, or affirm on appeal or certiorari, as
the law or the Rules of Court may provide, final judgments and orders
of lower courts in:11
__________
1

Constitution, Art. VIII, Sec. 4 (1)

Ibid., Art. VIII, Sec. 7 (1)
3
Id., Art. VIII, Sec. 7 (3)
4
Id., Art. VIII, Sec. 4 (1)
5
Id.
6
Id., Art. VIII, Sec. 9
7
Id., Art. VIII, Sec. 11
8
Id., Art. VIII, sec. 1
9
Id., Art. VII, Sec. 1
10
Id., Art. VIII, Sec. 5 (1)
11
Id., Art. VIII, Sec. 5 (2)
2

(a) All cases in which the constitutionality or validity of any treaty,

international or
executive agreement, law, presidential decree, proclamation,
order, instruction,
ordinance, or regulation is in question.
(b) All cases involving the legality of any tax, impost, assessment, or
toll, or any penalty imposed in relation thereto.
(c) All cases in which the jurisdiction of any lower court is in issue.
(d) All criminal cases in which the penalty imposed is reclusion
perpetua or higher.
(e) All cases in which only an error or question of law is involved.
The administrative functions of the Court pertain to the supervision over
all courts and the personnel thereof.12 Pursuant to this function the court
is empowered to:
(a) Assign temporarily judges of lower courts to other stations.13
(b)Order a change of venue or place of trial to avoid a miscarriage of
justice.14
(c) Promulgate rules concerning the protection and enforcement of
constitutional rights, pleading, practice, and procedure in all
courts, the admission to the practice of law, the integrated bar,
and legal assistance to the under-privileged.15
(d)Appoint all officials and employees of the Judiciary in accordance
with the Civil Service Law.16
Being the last bulwark of justice, it is incumbent upon the Supreme Court
to be independent. To achieve this, following safeguards are embodied in
the Constitution:
(a) The Supreme Court is a constitutional body.
It cannot be
abolished nor may its membership or manner of its meetings be
changed by mere legislation.
(b)The members of the Supreme Court may not be removed except
by impeachment.
(c) The Supreme Court may not be deprived of its minimum original
and appellate jurisdiction as prescribed in Article VIII, Section 5 of
the Constitution.17
(d)The appellate jurisdiction of the Supreme Court may not be
increased by law without its advice and concurrence.18
(e) Appointees to the judiciary are now nominated by the Judicial and
Bar Council and no longer subject to confirmation by the
Commission on Appointments.19
(f) The administrative functions of the Court pertain to the
supervision over all courts and the personnel thereof. 20
(g)The Supreme Court has exclusive power to discipline judges of
lower courts or order their dismissal.21
__________
12

Constitution, Art VIII, Sec. 6

Id., Art. VIII, Sec. 5 (3)
14
Id., Art. VIII, Sec. 5 (4)
15
Id., Art. VIII, Sec. 5 (5)
16
Id., Art. VIII, Sec. 5 (6)
17
Id., Art. VIII, Sec. 2
18
Id., Art. VI, Sec. 30
13

19

Supra.
Supra.
21
Id., Art. VIII, Sec. 11
20

(h)The members of the Supreme Court and all lower courts have
security of tenure , which cannot be undermined by a law
reorganizing the judiciary.22
(i) They shall not be designated to any agency performing quasijudicial or administrative functions.23
(j) The salary of judges shall be fixed by law and during their
continuance in office, it shall not be decreased.24
(k) The judiciary shall enjoy fiscal autonomy. 25
(l) The Supreme Court alone may initiate rules of court.26
(m) Only the Supreme Court may order the temporary detail of
judges.27
(n)The Supreme Court can appoint all officials and employees of the
judiciary.28
Supreme Court has the supervision over the following offices:
(a) Judicial and Bar Council (JBC) - tasked to oversee the
appointment of judges in the first and second level courts, as well
as justices of our appellate courts. It interviews prospective
applicants, evaluates their qualifications, and receives complaints
or letters of support from the public regarding the applicants. It
then forwards the list of qualified nominees to the President. Its
ex-officio Chairperson is the Chief Justice.
(b)Office of the Court Administrator (OCA) - is tasked with the
supervision and administration of the lower courts and their
personnel. It reports and recommends to the Supreme Court all
actions that affect lower court management, personal and
financial administration and administrative discipline. Complaints
against judges and court personnel are filed with this office.
(c) Philippine Judicial Academy (PHILJA) - Under the leadership of
Chief Justice Andres R. Narvasa, the Academy was originally
created by the Supreme Court on March 16, 1996, through
Administrative Order No. 35-96, and finally mandated by Republic
Act No. 8557 on February 26, 1998. This law institutionalized
PhilJA as a training school for justices, judges, court personnel,
lawyers and aspirants to judicial posts.
(d)The Public Information Office (PIO) - primary task is to
disseminate, as promptly and as widely as possible, news about
the Supreme Court and its decisions and provide the public with
judicial information in a manner that the general public can easily
comprehend.

__________
22

Constitution, Art. VIII, Sec. 2

Ibid., Art. VIII, Sec. 12
24
Id., Art. VIII, Sec. 10
25
Id., Art. VIII, Sec. 3
26
Supra.
27
Supra.
28
Supra.
23

(e) OCA-Fiscal Monitoring Division (FMD) - the FMD is mandated by

the OCA with the power, authority and duty to examine, audit
and reconcile all funds collected by the Clerks of Court
(Accountable Officers / Officers-in-Charge) of the RTC, MeTC, MTC,
MCTC, MTCC, SDC and SCC.
(f) OCA-Court Management Office (CMO) - provides services relating
to judicial supervision and monitoring; judicial audit and
inspection;
judicial
assignments
and
placements;
and
circuitization and decircuitization of courts; and delineation of the
territorial areas lower courts. It is also responsible for the
compilation, analysis and validation of case data gathered, fiscal
monitoring, audits and reconciliation.
It also reviews work
systems, procedures and processes and formulation of plans and
strategies for the OCA and the lower courts.
(g)SC Office of Administrative Services (SC-OAS) - its functions
consist of the following: Personnel Management; Human
Resource Training and Development; Property Management;
Records
Management;
Management
of
Leave
Matters;
Management of Employees Welfare and Benefits; Discipline of
Personnel; Maintenance and improvement of buildings and
premises as well as general services of the Court Security
services to justices and personnel within the Supreme Court
premises.
(h)Office of the Bar Confidant (OBC) - Through the OBC, the court
conducts Bar Examinations (which now includes Sharia Bar
Examinations) to test whether an applicant for admission to the
practice of law has the requisite ability and legal learning or
intellectual qualifications or fitness.
In connection with
disciplining lawyers, the OBC receives administrative complaints,
processes and submits the same to the Court for appropriate
action.
(i) Fiscal Management and Budget Office (FMBO) - tasked with all
financial transactions of the Supreme Court including that of the
OCA, all the Halls of Justice, the PhilJA, and the Presidential
Electoral Tribunal. It prepares and processes vouchers to cover
payment of salaries, allowances, office supplies, equipment, and
other sundry expenses, utilities, janitorial and security services
and maintenance and other operating expenses and issues the

corresponding checks thereof. It prepares and submits to the

DBM and Congress the proposed budget of the Judiciary including
pertinent schedules for each year. Salary and policy loans with
the GSIS and Pag-ibig are coursed through this Office. It prepares
and submits consolidated financial statements and reports to
COA, DBM, Treasury and Congress. It also takes charge of all
financial transactions of the SC Health and Welfare Plan which
include collections, deposits, disbursements as well as
preparation of financial reports and bank reconciliations.
(j) Program Management Office (PMO) - created by the Supreme
Court to coordinate and manage the technical and administrative
aspects of the judicial reform program implementation,
particularly the implementation of the Action Program for Judicial
Reform (APJR).
The APJR contains a wide-ranging yet
comprehensive set of reform projects and activities aimed at
enhancing judicial conditions and performance for the improved
delivery of judicial services.
(k) Mandatory Continuing Legal Education (MCLE) COMMITTEE - in
charge of administering the rules, as may be necessary, for the
implementation of the MCLE, subject to the approval of the
Supreme Court. In consultation with the IBP Board of Governors,
the MCLE sets the schedule of MCLE fees with the approval of the
Supreme Court. It is composed of five members, namely, a
retired Justice of the Supreme Court as Chair, and four members
respectively nominated by the IBP, the Philippine Judicial
Academy, a law center designated by the Supreme Court and
associations of law schools and/or law professors.
Presently, Chief Justice Renato C. Corona is the 23 rd Chief Justice of the
Supreme Court.29 He is one of the youngest magistrates ever to be
appointed to the Supreme Court. The fourteen Associate Justices are as
follows:
(a) Justice Antonio T. Carpio
(b)Justice Conchita Carpio Morales
(c) Justice Presbitero J. Velasco, Jr.
(d)Justice Antonio Eduardo B. Nachura
(e) Justice Teresita J. Leonardo-deCastro
(f) Justice Arturo B. Brion
(g)Justice Diosdado M. Peralta

(h)Justice Lucas P. Bersamin

(i) Justice Mariano C. del Castillo
(j) Justice Roberto A. Abad
(k) Justice Martin S. Villarama, Jr.
(l) Justice Jose P. Perez
(m)

Justice Jose C. Mendoza

(n)Justice Maria Lourdes A. Sereno

__________
29

http://sc.judiciary.gov.ph/justices/index.php